SMITH, JOHN C.

DOB: March 1, 1962
Race: White
Gender: Male

CRIME AND TRIAL

County of conviction: Audrain (on transfer from Lewis)
Number of counts: Two (not including one other injured but not killed during same incident)
Race of victim:
Gender of victim: Female/male
Date of crime: July 4, 1997
Date of sentencing: July 26, 1999
Date of execution: October 29, 2003

TRIAL COUNSEL:

LEGAL STATUS:

Last counsel of Record:

William J. Swift
Office of the Public Defender
3402 Buttonwood
Columbia, MO 65201-3724
571-882-9855

Last judicial decision:   Affirmance of dismissal of Mr. Smith's Rule 29.15 motion, following prisoner's representation that he wanted
                                   to waive post-conviction and appellate remedies; appeal dismissed.  Smith v. State, 100 S.W.3d 805 (Mo. banc 2003)

REPORTED OPINIONS:

--Dismissal of post-conviction motion affirmed by Smith v. State, 100 S.W.3d 805 (Mo. banc 2003)

--Conviction and sentence affirmed on direct appeal by State v. Smith, 32 S.W.3d 532 (Mo. banc Dec. 5, 2000)

SIGNIFICANT LEGAL ISSUES:

--Prosecutor who elected to seek death sentence, and who entered evidence regarding defendant's two prior convictions which were used to argue for death sentence, previously represented defendant during the two cases.

--Exclusion of equivocating Witherspoon venirepersons

--Guilt-phase admission of evidence that defendant previously choked his wife and fought with a co-worker

--Competence of Mr. Smith to waive post-conviction relief and volunteer for execution.

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